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OTS 1.1

Prepared by the Real Property Law Section of the Ohio State Bar Association

Problem A:

What is the general rule as to marketability?

Standard A:

A marketable title is one which a purchaser would be compelled to accept in a suit for specific performance.

Objections to a title should not be made by an attorney when the irregularities or defects do not impair the title or cannot reasonably be expected to expose the client to the hazard of adverse claims, litigation or expense in clearing the title.

Comment A:

The Supreme Court states the following in the syllabus of McCarty v. Lingham, 111 Ohio St. 551, 146 N.E. 64 (1924): "A marketable title imports such ownership as insures to the owner the peaceable enjoyment and control of the land as against all others."

Comment B:

See R.C. Secs. 5301.47, et seq.

(Effective November 1, 1952; Comment B added May 20, 1965)

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